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07-02-2013 ss1 form based codes
FROM: Derek Johnson, Community Development Director Prepared By: James David, Associate Planner SUBJECT: STUDY SESSION ON FORM-BASED DEVELOPMENT CODES (GPI 91-13). RECOMMENDATION Receive a presentation on form-based development codes. DISCUSSION This study session will provide information regarding form-based codes and application to existing and proposed development. The study session will feature information related to how these codes have evolved over recent years and how they differ from traditional zoning approaches. The three attachments to this report provide both a graphical and narrative overview of form-based codes. Form-based codes were first used in the 1980s and have evolved over the last 30+ years to develop a regulatory approach that focuses on future urban form for both existing and proposed developed areas. Form-based codes are an alternative regulatory method that concentrates on achieving a specific urban form. Form-based code if properly designed can create a predictable public environment primarily through regulating and controlling physical form that has urban design benefits for surrounding private development. While separating uses is still important, less emphasis is placed on use. Form-based codes address the relationship between building facades and the public street, the bulk and mass of buildings in relation to one another, and the scale and types of streets and blocks. Moreover, this approach offers a powerful alternative to conventional zoning in providing predictably for both the public and applicants. Form-based codes foster foreseeable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing design principle. They are regulations, not mere guidelines, adopted into city or county law and provide greater clarity compared to traditional zoning. Form-based codes are presented in both words and clearly drawn diagrams and other visuals. They are keyed to diagrams that clearly provide the appropriate form, scale, and character of development, rather than only distinctions in land-use and prescriptive development standards that offer little flexibility. This approach contrasts with conventional zoning's focus on the micromanagement and segregation of land uses, and the control of development intensity through abstract and uncoordinated parameters (e.g., FAR, dwellings per acre, setbacks, parking ratios, traffic LOS), to the neglect of an integrated built form. Meeting Date Item Number 07/02/13 SS1 - 1 Form-Based Code Study Session (GPI 91-13) Page 2 Form-based codes should not be confused with design guidelines or general statements of policy; form-based codes are regulatory, not advisory. While regulatory, they typically offer greater flexibility while also creating some certainty for design professionals, review bodies and the public. They are drafted to implement a General Plan and can be used in both existing and proposed urban environments. They achieve a community vision based on time-tested forms of urbanism. Ultimately, a form-based code is a tool; the quality of development outcomes depends on the quality and objectives of the General Plan that a code implements. Design guidelines are not a required component of a form-based code, but can be included if the community desires specific architectural standards. The level of architectural regulation is optional (D. Parolek, K. Parolek and P. Crawford, 2008). San Luis Obispo’s commitment to design details would likely make it appropriate to have simple design guidelines to accompany any proposed form-based codes. The key to successful form-based codes is clear, illustrated standards for the design of streets, buildings and public spaces. They emphasize the physical form and spatial qualities of urban areas and can increase development predictability for both property owners and the community and reduce processing time and community angst about proposed development. Because there is greater clarity about standards, permits are reviewed more quickly and community expectations are typically aligned with the code and result in less appeals. Each form based code is based upon a standardized code structure, but customized to address the community’s values and design expectations. An important component of creating a form-based code is to develop the community vision for the area that will be subject to the codes. This is typically done through a process called a “charrette” where highly descriptive urban design concepts are explored and agreed upon by the community. A form-based code is typically created concurrent or just after an update to a General Plan. The resulting vision becomes the basis for the codes. Conclusion Form-based codes can provide a tool for achieving a community’s vision for the built environment. The study session will be especially helpful given the City’s ongoing General Plan Land Use and Circulation Element Update. CONCURRENCES Public Works concurs with the need to study and evaluate the use of form-based codes. FISCAL IMPACT There is no fiscal impact related to this study session. ATTACHMENTS 1. Handout on Form-Based Codes (Form-Based Codes Institute) 2. Article on Form-Based Codes (Local Government Commission) 3. Zoning versus Form-Based Codes Graphic (Katz and Price) SS1 - 2 Form-Based Code Study Session (GPI 91-13) Page 3 REFERENCES 1. Katz, Peter. [2012]. Eight Advantages to Form-Based Codes.Chicago: Form-Based Codes Institute. 2. Crawford, P., Parolek, D., Parolek, K. [2008]. Form-Based Codes. New Jersey: Wiley & Sons, Inc. T:\Council Agenda Reports\2013\2013-07-02\Form Based Codes (Johnson-David)\GPI 91-13 (FBC Study Session) SS1 - 3 Attachment 1 SS1 - 4 In the two years since the Local Government Commission’s Smart Growth Zoning Codes:A Resource Guide was first published,the movement to reform zoning codes has gained momentum.Today,form-based codes have become an increasingly popular approach to achieve these reforms and create communities where people want to live,work and play. The old adage “form follows function”describes the common approach behind land use regulation as it has been practiced in the past.Form-based codes turn that relationship on its head.Since the primary basis for regulation is the buildings,not the uses,“function follows form.”These codes concentrate first on the visual aspect of development:building height and bulk,façade treatments,the location of parking,and the relationship of the buildings to the street and to one another.Simply put,form-based codes emphasize the appearance and qualities of the public realm,the places created by buildings. As with other smart growth concepts,form-based codes have been applied in new growth areas,in existing neighborhoods,in limited situations to special districts,and in wholesale code revisions for entire communities. Form-Based Codes:Implementing Smart Growth Form-based codes place a primary emphasis on building type,dimensions, parking location and façade features,and less emphasis on uses.They stress the appearance of the streetscape,or public realm,over long lists of different use types.These codes have the following characteristics: ➜Zoning Districts – Form-based codes are defined around districts, neighborhoods and corridors where conventional zoning districts may bear no relationship to the transportation framework or the larger area. ➜Regulatory Focus – Form-based codes de-emphasize density and use regulation in favor of rules for building form.They recognize that uses may change over time,but the building will endure. ➜Uses – Form-based codes emphasize mixed use and a mix of housing types to bring destinations into close proximity to housing and provide housing choices to meet many individuals’needs at different times in their lives. ➜Design – Greater attention is given to streetscape and the design of the public realm,and the role of individual buildings in shaping the public realm. Form-based codes recognize how critical these public spaces are to defining and creating a “place.” ➜Public Participation – A design-focused public participation process is essential to assure thorough discussion of land use issues as the code is created. This helps reduce conflict,misunderstanding and the need for hearings as individual projects are reviewed. Modified from definition by Paul Crawford,AICP What are form-based codes? ▲Making zoning codes work for the community:Pocket parks and front porches help create livable places. Attachment 2 SS1 - 5 The focus on building and street design in form-based codes allows graphics and photos – instead of lengthy,repeti- tive text – to explain the details of zoning requirements.In turn,these codes are much more democratic instruments,because they are more readily understood by residents who are not otherwise involved in land use or development professions. ■Pictures tell the story Form-based codes can greatly reduce discussions about the meaning of zoning terms and arguments over the interpretation of code language,allowing every- body involved in a public partici- pation process to focus their time and energy on the essence of the regulations,rather than on “word- smithing.”Using form-based codes, a picture really can be worth a thousand words. ■Easy-to-find information Another improvement offered by form-based codes is that they contain all relevant information in a concise format.By contrast, conventional codes usually include this information in several different sections of the code,sometimes even in side documents that may not be readily apparent or available to the inexperienced user. By consolidating information and using a simple pictorial style that avoids jargon and complex,repeti- tive language,form-based codes offer a much more accessible format. ■Great for mixing uses Another key characteristic of form-based codes is the way they treat different use types.Since the dawn of zoning,conventional codes were built around the concept of separating uses.They seldom allow uses from a different category (retail,single-family, multi-family,office,etc.) within the same zoning district. When uses from different categories are proposed by project developers, extra processes and additional hearings are often required.In contrast,form-based codes assume a mix of uses,especially in neighborhood or town centers. ■Better,faster,cheaper process This clarity of format and intent can lead to a shift in approval processing from a hearing-heavy process to one that is largely administrative.Simply put,if all the details are discussed and clarified when the code is developed,and if they are accurately represented in a format that leaves no doubt as to the requirements,then a “build- by-right”approach is possible. This means the review of a project application follows procedures similar to those for obtaining building permits.If the proposed project meets all of the code’s requirements,the application can be approved administratively. Obviously,this reduces time, expense and uncertainty for the developer,but it also reduces processing and hearing costs for the jurisdiction involved.This can free up staff time for more proactive planning. Why are form-based codes effective? New state law authorizes use of form-based codes L ike many unconventional ideas,form-based codes were met with considerable skepticism in many communities,and at times it was argued that they were not even a legal means of regulating land use.To clarify that issue,the California legislature weighed in by adopting legislation specifically authorizing form-based codes.Assembly Bill 1268 was signed into law in July 2004,resulting in very clear language in the state’s General Plan Guidelines and the statutes governing zoning that allow form-based codes. ▼Form-based codes use pictures to tell the story. Attachment 2 SS1 - 6 C ommunities differ greatly in size,topography,density and growth rates.In some areas,the primary concerns are about new development taking place on previously undeveloped land or “greenfields.”Other com- munities are mostly built out,and focus more on codes that guide infill or reshape and revitalize neglected neighborhoods.Still others need new codes to address development opportunities around new transit systems. One of the beauties of form-based codes is that they can be applied in so many different communities and situations. Andres Duany,one of the Ahwahnee Principles’authors and a founder of the Congress for New Urbanism,has taken the idea of the “transect”from natural science and applied it to land use planning.The transect,as used in ecological studies,draws a cross- section through different habitats to better understand their inter- relationships along a continuum. Applied to an urban/rural contin- uum,the transect helps us better understand where different uses and building types fit well or where they are inappropriate.Seen from this perspective,we learn that a controversial use or development project is not inherently bad,but may simply have been proposed for the wrong location. Duany codes all the features and concepts that guide communities, neighborhoods and development into six different districts along the transect (T1 to T6),from rural preserve districts to those in the urban core.He also includes a special district for uses such as a university campus,airport or stadium. Setbacks,for instance,shrink as development progresses from the rural to the more highly urban. Likewise,there is less area devoted to greenery in the urban core than in the rural districts.Building heights,however,increase. This unified development ordi- nance,or “SmartCode,”links all commonly regulated dimensions and features,building bulk,street lighting,sidewalks,parking and landscaping to the different districts. This framework allows for a com- mon understanding that relates development characteristics to places within the urban fabric. This common language allows developers,planners and residents – even in different cities – to readily comprehend the context for different uses and building types. In Petaluma,California (see next page),this shared comprehension overcame the confusion and con- flicts that stood in the way of good intentions,and all too often,good projects.The graphicalnature of the transect fits very well with form-based codes. Duany Plater-Zyberk & Company has been instrumental in bringing this classification methodology into real-world application in form-based code projects across the country. ▲Seeing development and zoning codes as part of a land use continuum – an urban/rural “transect”or cross-section – helps us better understand where different uses and building types belong,and where they might be inappropriate. The Transect: Seeing land uses in context Attachment 2 SS1 - 7 3 Determine appropriate spatial basis for regulation (districts,transect,streets or special zones) There are a number of different approaches that can be taken in determining how the form-based code will be defined and regulated. Although there is some overlap between these approaches, Crawford describes four basic alternatives that are typically used by different practitioners: ➢ Neighborhoods,districts, corridors ➢ Transect ➢ Street-based regulating plan ➢ Special purpose zones This process entails identifying which parts of the community are appropriate for different types of development.For example,if the transect-based approach is used the plan would identify those areas that are suburban (T3),general How does a community go about preparing a form-based code? What are the steps that need to be taken to prepare a form-based code? According to planner Paul Crawford,one of the nation’s experts on form-based codes, the typical steps are required to prepare this type of code include: 1 Existing conditions analysis and inventory Before embarking on development of the code it is critical to under- stand clearly what the existing patterns of development are in a community.This record of existing conditions – especially of areas that the community identifies as special, or significant – can help develop a code that fits local characteristics. Using diagrams and notes,a typical analysis will look at: ➢ Street types (by setback,walk- way,roadway,and landscape) ➢ Block types (shape,size,alleys, parcelization) ➢ Building types (footprint, profile,streetfront,access by car or pedestrian,service areas) ➢ Open space types (front, back and side yards,squares and parks,undeveloped parcels with urban zoning) ➢ Parking types and location (parallel,diagonal,lots) ➢ Natural features (creeks,signif- icant trees,views,hills,etc.) 2 Public visioning and charrette Input from the community is gathered early in the process through a public visioning and charrette process. The charrette is a collaborative planning process that brings together residents and design professionals in an intensive multi- day process that typically includes focus group meetings,workshops, presentations,and public engage- ment exercises to develop a feasi- ble plan for future revitalization and development. Steps for preparing a form-based code ▼Step 1: Existing conditions’inventory from the City of Sonoma’s development code update ▲ Step 3: Azusa’s code divides the city into open space,residential areas,commercial corridors and commercial districts. Attachment 2 SS1 - 8 urban (T4),urban center (T5), urban core (T6) and special districts such as schools,civic centers or industry. 4 Develop urban standards (streets,blocks,building placement,height,land uses,etc.) The next step is to define and code the urban standards for the different parts of the community mapped in Step 3.The results will be a set of diagrams for each zone that clearly establish standards for some of the following key ingredi- ents of an urban place:street and sidewalk widths,building placement, building height and profile,and,if relevant,location of on-site parking. 5 Develop architectural standards (building or frontage typologies,etc.) The inventory conducted in Step 1 and the public visioning and charrette process in Step 2,help to identify the different types of buildings and how they front the street to define the public realm. The form-based code builds on this information to define what types of buildings fit into different parts of the community.The form-based code for the City of Ventura,California,for example, identifies the following types of buildings as appropriate for differ- ent parts of the community:single family,carriage house,duplex, triplex,quadplex,mansion apart- ment,bungalow court,townhouse, sideyard housing,live/work,court- yard,stacked flats,commercial block,and blended development. The code then lays out very clearly which types of buildings are appropriate in the different districts for different lot widths through a table on the left. 6 Allocate and illustrate standards The final step in the process is to prepare the standards in a format that is graphic,well-illustrated,jar- gon-free,and easy to understand. This format should include all information and regulation relevant to a particular district (street type, neighborhood,etc.) in one concise piece.This avoids the confusion that cross-referencing,scattered requirements,and obscure terms can introduce. Form-based codes: Good vintage for wine country ■Sonoma,California O ne of California’s oldest cities and located in the scenic wine country,the city of Sonoma had seen post-war suburbia grow into older neighborhoods built around its old pueblo that dates back to Spanish colonial times.This jumble of neighborhoods and building types represented a significant challenge to those developing a new code. Adopted in 2001,the new form-based code covers the entire city.To break the daunting task of a wholesale code revision into more readily understood pieces,the city was divided into 13 planning areas in four cate- gories – residential,commercial district,commercial corridor and open space.Within each area,the existing situation was inventoried and compared to the desired future state.This allows the code to recognize existing development while imposing a new regulatory framework on future development.Areas of special concern such as rural roads,the urban edge and creeks are highlighted,and subject to specified guidelines. Code prepared by Crawford,Multari and Clark Associates ▼Step 4:Form-based codes show where parking must be located. ▲Step 5:A simple lot-width table shows how Ventura’s code regulates building profiles. Attachment 2 SS1 - 9 ■Petaluma,California I can’t tell if the SmartCode is a radical,green,left-wing docu- ment or a developer-friendly, market based right-wing one,”a Santa Rosa Press-Democrat reporter wrote in April 2003.The view underscores the broad appeal of form-based codes. The City of Petaluma struggled for seven years to achieve consensus on a specific plan for a 400-acre redevelopment site adjacent to its downtown.Despite extensive public outreach,political battles continued between residents, developers and environmentalists. The proposed zoning code was full of legalese and numbers and did not assure the stake- holders that new devel- opment would mimic the existing historic downtown. To move forward,the city hired a consultant who introduced the transect SmartCode. This code focused less on separating uses and more on describing the building forms that would realize the com- munity’s vision of a pedestrian-oriented, mixed-use district. Residents have been reassured by the clarity and relative simplicity of the new code,and developers appreciate its clear rules and expedited permitting process. After only nine months of com- munity visioning and consensus- building,former adversaries agreed on the new form-based code, breaking a long-time logjam. Zoning for consensus and revitalization ▼Revitalizing Petaluma’s downtown: Code for street front types (below),the new Boulevard Cinema (bottom left) and new mixed-use development (left). Code prepared by Fisher & Hall Urban Design The Central Petaluma Specific Plan,adopted in June 2003,has jump-started the construction of a new,mixed-use theater district. Attachment 2 SS1 - 10 ■Hercules,California T he “Regulating Code,” adopted for the small city ofHercules across the bay from San Francisco in the summer of 2001,is similar to another pre- pared by the same firm for the City ofWinter Springs,in Florida. Intended to foster smart growth development in newly created town centers,both codes have been extremely successful, immediately triggering develop- ment projects conforming to the principles and details embodied in the code. The Hercules code covers four districts in the central part of town.It includes eight street types,though not all will appear in each zone.The use table is a mercifully short three pages,with a half-page of footnotes.Four times that number of pages are devoted to façade details and architectural standards. This architectural material features photographs and drawings of desired and unwelcome features, signs,porches,trim and so on. These details precede the use tables in the code,consistent with form-based codes’emphasis on building form and the public realm. One page is devoted to each street type,detailing streetscape features such as pavement width,curbs,on- street parking,landscaping,corner radii,sidewalks,building setbacks, eaves,awnings and balconies. This format allows the user to quickly access all the most relevant requirements and standards for a piece of property,just by referenc- ing the street type that fronts the property. Hercules’new Regulating Code has clearly been a success.Since its adoption,development has flourished in the area it covers. Several traditional-appearing residential projects have been built, with a total of 300 units,and construction is under way on the first phase of the main street area of the Waterfront District. That main street building includes fifteen 2,700-square-foot owner- ship units with commercial space on the ground floor and two-story townhouse units above.The single- family projects include a number of creatively designed duplex, triplex,and fourplex units that blend in very well with the sur- rounding housing.Building styles are varied. The structures,landscaping,street design,and even the street lamps have design details specified in the code.This thorough approach to the details can make all the differ- ence in the finished appearance and appeal of a project. Code prepared by Dover,Kohl & Partners Code for a new town center ▲Attractive new homes in Hercules look out onto the San Francisco Bay. Attachment 2 SS1 - 11 editing+design:dave davis 1414 K Street,Suite 600 Sacramento,CA95814-3966 (916) 448-1198 ■fax (916) 448-8246 www.lgc.org This simple,illustrated page for two-laned avenues (right) in Hercules covers pertinent streetscape details as well as building mass and placement. ADDITIONAL RESOURCES Congress for New Urbanism: Codifying the New Urbanism www.cnu.org Form-based Codes Alliance: A newly for med alliance of leading practitioners www.formbasedcodes.org National Association of Realtors® Smart Growth: Land Use,Zoning,and Growth Management www.realtor.org/sg3.nsf Online compendium of community-based urban design www.charrettecenter.net Dover,Kohl & Partners Town Planning www.doverkohl.com Duany Plater-Zyberk & Company www.dpz.com/transect.htm Fisher & Hall Urban Design www.fisherandhall.com Crawford Multari & Clark www.cmcaplans.com Other Points to Consider Large-scale revisions of zoning codes always have the potential for unanticipated problems,whether a form-based approach,or a more conventionally structured code built around smart growth principles,is used.The need to monitor and revise these new codes after they are adopted must not be overlooked with any format.With form- based codes,these problems will likely surface when the underlying basis for regulation is changed from a focus on uses within and around buildings to a focus on the structures first. Form-based codes require re-educating everyone in the community – elected and appointed officials,planners,engineers,developers and residents. This begins with a broad public participation effort as the code is developed, of course,but it must also continue after the code is adopted.Code modi- fications should be expected over time,and must be explained to everyone involved.Some cities have hired an architect or urban designer to work with builders and developers to help implement the code’s objectives. This education – particularly of staff – will help reassure developers and the public that application approvals will meet the code’s intent.If code reform streamlines the process in a way that eliminates hearing check- points,people must be confident that staff are trained to properly assess whether proposed projects comply with detail requirements in the code. Attachment 2 SS1 - 12 R-40 R-40 How form-based codes define a one-block parcel How zoning defines a one-block parcel Density, use, FAR (floor-area ratio), setbacks, parking requirements, and maximum building height(s) specified. Density, use, FAR (floor-area ratio), setbacks, parking requirements, maximum building height(s), frequency of openings, and surface articulation specified. Street and building types (or mix of types), build-to lines, number of floors, and percentage of built site frontage specified. How design guidelines define a one-block parcel ©2006 Peter Katz and Steve Price—Urban Advantage Attachment 3 SS1 - 13 Page intentionally left blank. SS1 - 14